How long do I have to wait before I can file for bankruptcy again? 29 Answers as of August 24, 2011

I filed for chapter 13 bankruptcy over eight years ago in 2003. I have to file again due to my outstanding medical bills. Is it possible for me to file again? What should I expect the second time around?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
If it has been 8 years since discharge you are eligible to file again.
Answer Applies to: Washington
Replied: 8/24/2011
The Law Office of Jacqui Snyder
The Law Office of Jacqui Snyder | Jacqui Snyder
You can file and receive a discharge in a Chapter 7 eight years after the filing date of your previous Chapter 7. You can file and receive a discharge in a Chapter 7 six years after the filing date of your previous (less than 70 percent) Chapter 13. You can file and receive a discharge in a Chapter 13 four years after the filing date of your previous Chapter 7. You can file and receive a discharge in a Chapter 13 two years after the filing date of your previous Chapter 13. You can file and receive a discharge in a Chapter 7 after closing your previous (more than 70 percent) Chapter 13. You can file a Chapter 13 without a discharge immediately after closing a Chapter 7. But there are hoops if you have to do it more than once in 180 days. Its confusing. The point is, that if it has been eight years, you can file again and will receive a discharge at the end of the case. You can even file a Chapter 7 if you meet the other requirements.
Answer Applies to: Ohio
Replied: 8/18/2011
Burnham & Associates
Burnham & Associates | Stephanie K. Burnham
There are some differences in the Bankruptcy Laws since 2003. If you filed a Chapter 13 you only have to wait 5 years, if you filed a Chapter 7 you must wait 8 years to file again. In either case you should be all set to file, provided that you meet the criteria necessary to qualify for Bankruptcy. You should speak with a Bankruptcy Attorney to ensure that you protect yourself and your assets.
Answer Applies to: New Hampshire
Replied: 8/15/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You only need 8 years between cases, so you can file again. The second case will be much like the first except you have to comply with the 2005 amendments: means test, credit counseling and debtor education. A lawyer can help you with that.
Answer Applies to: California
Replied: 8/15/2011
Bankruptcy Law Center
Bankruptcy Law Center | Bill Zurinskas
You can file a chapter 7 bankruptcy 6 years after a previous chapter 13 bankruptcy (assuming chapter 13 discharge was granted). You can file a chapter 13 bankruptcy 2 years after a previous chapter 13. The procedure has changed since you last filed for bankruptcy. You now need to complete two sessions of credit counseling: one before and one after filing for bankruptcy. If your income is too high you may not qualify for chapter 7 bankruptcy.
Answer Applies to: Colorado
Replied: 8/15/2011
Law Office of Lynnmarie A. Johnson
Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
Yes, you can file either a chapter 7 or 13 after this long. What you can expect depends totally on your situation and what and how it has changed. See an attorney, many offer a free initial consultation to find where you stand. Good luck.
Answer Applies to: Michigan
Replied: 8/15/2011
Dan Wilson Bankruptcy
Dan Wilson Bankruptcy | Dan Wilson
You can file a Chapter 7 six years after a prior 13. You can file a Chapter 13 2 years after a previous 13. So long as you meet the time requirement the 2nd filing is not that big a deal. However, the law has changed a lot since you did your 13.
Answer Applies to: Colorado
Replied: 8/15/2011
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If you have not had a bankruptcy in over eight years you are an eligible debtor under chapter 7 or chapter 13. Consult with an attorney as to what alternative is better for your situation.
Answer Applies to: California
Replied: 8/15/2011
The Northwest Debt Relief Law Firm
The Northwest Debt Relief Law Firm | Thomas A McAvity
Your prior filing is now not an obstacle to your filing again.
Answer Applies to: Oregon
Replied: 8/15/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
From what you are telling me you could file either chapter.
Answer Applies to: California
Replied: 8/15/2011
    Ross Smith, Attorney at Law
    Ross Smith, Attorney at Law | Charles Ross Smith III
    Eight years is the limit. You should have no special problems. Just file a "square" petition and you'll be fine. Good luck. Thank you for reading me. I hope you found this answer to be helpful. This answer is not intended to create an attorney/client relationship. It is general information that should be discussed with your own attorney. Because the law in other jurisdictions is different and the facts of each case are different, consumers cannot rely on the opinions expressed here.
    Answer Applies to: Ohio
    Replied: 8/15/2011
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    It depends on what chapter and when you got your discharge. You should consult with an attorney.
    Answer Applies to: Florida
    Replied: 8/14/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    Yes, you can file again now under any chapter you are otherwise eligible for.
    Answer Applies to: California
    Replied: 8/14/2011
    Joseph Lehn, Esq
    Joseph Lehn, Esq | Lehn Law, PA
    The bankruptcy laws were revised back in 2005. You may very well be eligible to file another bankruptcy. I suggest you consult with a bankruptcy attorney to discuss your particular situation.
    Answer Applies to: Florida
    Replied: 8/14/2011
    Lewis Adams and Associates
    Lewis Adams and Associates | Lewis P. Adams
    If it has been eight years, you are eligible. The laws were changed in 2005 which changed some of the qualifying requirements. A consultation with an attorney would be advisable to get complete information.
    Answer Applies to: Utah
    Replied: 8/14/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    You can file a Chapter 7 or 13 after eight years from the previous filing. The law changed quite a bit since the introduction of BAPCA in late 2005 so you would be well advised to seek professional guidance.
    Answer Applies to: Indiana
    Replied: 8/14/2011
    Grasso Law Group
    Grasso Law Group | Charles Grasso, Esq.
    If you have a discharge from your prior Chapter 13 bankruptcy that is four years old you can seek a discharge in a subsequent Chapter 13. The procedure shouldn't be that much different than what you experienced.
    Answer Applies to: California
    Replied: 8/14/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    If your last Chapter 13 was filed in 2003, you can certainly do a Chapter 13 now (and, depending on a few details you left out can also do a Chapter 7 now or within a few months). See a lawyer to see what is best for you.
    Answer Applies to: Georgia
    Replied: 8/14/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Yes, you can file again. What to expect depends on whether you file Chapter 7 or 13. There's more paperwork now, too.
    Answer Applies to: Virginia
    Replied: 8/14/2011
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    Wait periods: http://www.bankonitsd.com/Bankruptcy_FAQ_general_second.html
    Answer Applies to: California
    Replied: 8/13/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    The date you start counting from is the filing date of the first bankruptcy. If you are looking to file a Chapter 13, it has to be more than 6 years since the filing of the first case and if it is a Chapter 7, it is 8 years.
    Answer Applies to: California
    Replied: 8/13/2011
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